6. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Modifying and Extending the Declaration of Local Disaster (COVID-19) Issued February 11, 2021 (Robert Hanna)

[6. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Modifying and Extending the Declaration of Local Disaster (COVID-19) Issued February 11, 2021 (Robert Hanna)]

YOU HAD THAT PULLED? >> GOOD MORNING, COUNCIL. DAVID

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SWART. ITEM 6, OF COURSE, IS THE CONTINUATION -- YOU SAY THE MEDIA SAYING WE'RE AT THE ONE-YEAR ANNIVERSARY. YOU REMWHENTHEY SAID IT'S TWO WEEKSO FLATTEN THE CURVE AND THEY HAD ALL THE CHARTS AND I SAT AND WATCHING THE BRIEFINGS EVERY FEW DAYS AND EVERYTHING. I ALSO REMEMBER THAT LAST YEAR, SPRING BREAK, MY FRIEND'S DAUGHTER WENT ON SPRING BREAK AND NEVER CAME BACK. THEY HAD TO DO THE REST OF THE SCHOOL YEAR ON THE COMPUTER. ALSO, I KNOW THERE'S A LOT OF PEOPLE WHOSE BUSINESSES HAVE SUFFERED. I DON'T KNOW HOW MANY MOM AND POP BUSINESSES JUST? ABILENE EITHER FOLDED OR WENT UNDER OR SOMETHING IN THE LAST ONE YEAR BECAUSE YOU CAN'T MAKE IT WHEN THE GOVERNMENT SAYS YOU HAVE TO SHUT DOWN OR YOU HAVE TO DO 25% OR 50%. IT'S JUST LIKE -- AND OUR DOWNTOWN AREA, WE'RE GOING TO BE TAKING LATER IN THE AGENDA ABOUT THE ENTERTAINMENT DISTRICT. THERE ARE SEVERAL PLACES DOWNTOWN THAT ARE GOING TO SPECIALIZE IN EITHER BEER OR BREW HOUSES, LIKE ON PINE AND A NEW PLACE BEHIND CITY HALL ON FIFTH. THEN WE HAVE THE OLD MATTERA PAPER LOCATION. CAN YOU IMAGINE THOSE PEOPLE WHO STARTED THOSE AND POURED THEIR HEART INTO IT AND SAID I'M GOING TO OPEN THIS BUSINESS AND IT'S GOING TO BE GREAT AND THE GOVERNMENT COMES ALONG AND SAYS SORRY, YOU SELL BEER OR ALCOHOL, YOU'RE EVIL, YOU HAVE TO SHUT DOWN. THEY SAY OKAY, YOU CAN OPEN BACK UP. YOU OPEN UP A FEW WEEKS AND THEN YOU HAVE TO SHUT DOWN AT NOON ON FRIDAY. PEOPLE, THEY STILL HAD TO PAY THEIR UTILITIES. THEY PROBABLY HAD TO PAY THEIR LEASE, IF THEY SAY LOANS OUT FOR THESE LOCATIONS WHERE THEY RENOVATED. THE ONE AT SECOND AND PINE LOOKS GREAT. TO HAVE THE GOVERNMENT SAY NO YOU CAN'T RUN YOUR BUSINESS. A LOT OF PEOPLE QUESTION HOW COULD THEY DO THAT AND OVERSTEP LIKE THAT. PEOPLE, WE JUST THOUGHT WELL, IT'S FOR THE BEST AND IT WOULD HURT THEM BECAUSE THEY STILL HAD TO PAY THEIR -- THE STREET MAINTENANCE FEE, EVEN THOUGH IT WASN'T OPENED. THEY HAD TO PAY UTILITIES. THEY PROBABLY HAD TO TELL EMPLOYEES, SORRY WE WERE GOING TO OPEN FULL STEAM AND NOW THE VIRUS CAME ALONG AND WE HAVE TO CUT BACK BECAUSE THE STATE SAYS WE CAN'T SELL BEER. BUT IT'S FUNNY, LIKE WE'VE SAID BEFORE IN THESE MEETINGS, YOU SELL FOOD, YOU COULD SELL A BEER WITH A STEAK IN FRONT OF YOU OR NACHOS BUT YOU COULDN'T SELL BEER OR A MIXED DRINK IF YOU'RE A MOM AND POP PLACE ANYWHERE IN TOWN. I HOPE WE ALL START TO SEE A POSITIVE SITUATION NOW THAT THE GOVERNOR HAS LOOSENED THE RESTRICTIONS. THANK YOU THIS MORNING, COUNCIL. AND DAVID SWART, IN CASE I DIDN'T

SAY IT FOR THE RECORD. >> THANK YOU, MR. SWART.

>> THE PUBLIC HEARING IS OPEN IF ANYONE ELSE WOULD LIKE TO MAKE A COMMENT FOR OR AGAINST THIS ITEM? SEEING NONE, I'LL CLOSE THE PUBLIC HEARING. ANY DISCUSSION FROM COUNCIL?

>> OF COURSE I LIVE -- I WAS NEVER FOR ANY BUSINESSES BEING SHUT DOWN AND I'M EXCITED THE GOVERNOR OPENED BUSINESSES BACK UP TO 100%. I'M VERY HAPPY TO HEAR THAT.

>> ANY OTHER DISCUSSION? DO I HEAR A MOTION?

>> SO MOVED. >> A MOTION BY COUNCILMEMBER

MCALISTERAL. >> SECOND.

>> SECOND BY COUNCILMEMBER CRAVER.

>> MOTION CARRIES AND WE MOVE ON TO ITEM NO. 10. ROBERT HANNACY

[10. Discussion: Receive a Report, Hold a Discussion and Public Hearing on the Consideration of Creating an Entertainment District and Directing Staff to Bring Forth an Ordinance Authorizing the Consumption of Alcohol and Open Containers in Said Entertainment District (Robert Hanna)]

WILL PRESENT THIS ITEM, PLEASE. >> DID WE PULL 7?

>> 7 WAS PULLED FOR CONSIDERATION. WE DIDN'T VOTE

FOR THAT. >> THANK YOU, MAYOR AND COUNCIL WHAT IS BEFORE YOU TODAY IS A REQUEST TO CONSIDER REALLY THE CREATION OF A TASK FORCE IN PARTNERSHIP WITH THE CHAIRMAN O- CHAMBER OF COMMERCE TO LOOK AT AN ENTERTAINMENT DISTRICT. THE DISTRICT WOULD ALLOW FOR A PERSON TO WALK INTO A ESTABLISHMENT THAT HAS A BEER OR WINE LICENSE AND PURCHASE WHATEVER BEVERAGE THEY WANT AND WALK OUT THE DOOR AND DRINK IT IN THE PUBLIC RIGHT OF WAY WHILE THEY WALK TO A RETAIL SHOP OR ANOTHER RESTAURANT OR BAR, WHATEVER THE CASE MAYBE. IN STAFF REPORT, NOTICE YOU MENTIONED MIXED BEVERAGES. THEY HAVE A DIFFERENT PERMIT AND THERE'S LANGUAGE THAT MAY PROHIBIT PEOPLE LEAVING THE PREMISE WITH THE BEVERAGE. WE

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SAY MORE RESEARCH NEEDS TO BE DONE WHICH IS ONE REASON I AM ASKING COUNCIL TO CREATE A TASK FORCE INCLUDING MYSELF, CITY ATTORNEY, REPRESENTATIVES FROM THE CHAMBER OF COMMERCE AND WHO EVER ELSE WOULD WANT TO SERVE. IT'S NOT AN EXCLUSIVE LIST BUT A MANAGEABLE GROUP. THAT CONCLUDES THE STAFF'S PRESENTATION. WE PROVIDED SOME CONTEXTUAL LANGUAGE IN THE REPORT. AGAIN, THIS WAS REQUESTED BY COUNCILMEMBER HURT.

>> THANK YOU. YOU WANT TO TALK ABOUT ANYTHING?

>> THANK YOU, MAYOR PRO-TEM. I WAS APPROACHED BY SEVERAL OF THE OWNERS FROM THE SODA DISTRICT ITSELF. AND ABOUT THE OPPORTUNITY TO -- THAT THEY MIGHT HAVE GOING FROM ESTABLISHMENT TO ESTABLISHMENT WHEN WALKING BECAUSE WE'RE ENCOURAGING WALKING. TO BE ABLE TO HAVE AN OPEN CONTAINER BETWEEN THESE BUSINESSES. I WAS APPROACHED BY SOMEONE FROM THE DOWNTOWN DISTRICT ALSO. WHAT WE'RE REALLY -- WHAT I'M LOOKING AT IS TO PUT THIS TASK FORCE TO GET TO SEE THE FEASIBILITY.

WOULD IT BE ONE LARGE DISTRICT, TWO DISTRICTS, WOULD THERE ONLY BE ONE SMALL DISTRICT? WE NEED TO LOOK AT SOME OF THE OTHER BUSINESSES IN THESE AREAS AND GET FEEDBACK BUT THAT'S WHAT THE TASK FORCE TO DO. I'M ASKING FOR FEEDBACK. I'M ALL FOR LOOKING AT A TASK FORCE TO SET THIS UP AND FIND OUT ABOUT THE FEASIBILITY. I WANT TO STIPULATE, I DON'T FEEL THIS IS A DRUNKEN BRAWL ON OUR SIDEWALKS. I THINK IT'S LIKE 63 DALLAS. IT'S THE INTENT OF PEOPLE TO ENJOY THESE ESTABLISHMENTS IN THESE AREAS AND BE ABLE TO WALK BETWEEN THEM LIKE WE'RE ENCOURAGING AND JUST HAVE A DRINK WHILE THEY'RE DOING

IT. >> ANY OTHER COMMENTS FROM COUNCIL BEFORE THE PUBLIC HEARING?

>> WHAT YOU'RE ASKING FOR US TO DO IS GIVE YOU THE GO-AHEAD TO

STUDY IT? >> BECAUSE IT INVOLVES ALCOHOL, IT COULD BE A LIGHTENING ROD FOR SOME COMMUNITIES. BEFORE I ENGAGE THE BUSINESS COMMUNITY WITH A NEW POLICY OBJECTIVE, SINCE I DON'T SET POLICY, IT'S INCUMBENT UPON THE COUNCIL TO SAY THIS IS SOMETHING THEY WANT TO PURSUE.

>> CONCERNS THAT I WOULD HAVE, THAT I WOULD WANT THIS GROUP TO LOOK AT, WOULD BE THE LETTER FACTOR. WHO WOULD BE RESPONSIBLE FOR THE CONTAINERS THAT GO FROM POINT A TO POINT B AS WELL AS IF SOMEBODY STUMBLES AND FALLS, WHO WOULD BE LIABLE? WOULD IT BE THE PLACE THAT SOLD THE LIQUOR, WOULD IT BE THE PLACE TO GO INTO OR WOULD IT BE THE CITY?

>> ANY OTHER DISCUSSION? >> OKAY. HAS -- JUST A QUESTION. HAS THERE -- I KNOW YOU'VE BEEN APPROACHED BY SOME PEOPLE WHO HAVE A VESTED INTEREST IN THE ITEM WE'RE DISCUSSING. HAVE YOU YOURSELF WALKED TO ANY OTHER BUSINESS OWNERS YOU KNOW PERSONALLY AND ASKED HYPOTHETICALLY WOULD THEY BE ARE IN FAVOR, THE PROS AND CONS FROM THAT?

>> THE ONLY BUSINESS MEMBERS THAT I'VE VISITED WITH ARE THE ACTUAL BAR OWNERS IN THE SODA DISTRICT.

THAT'S WHY -- I STIPULATED THAT A TASK FORCE SHOULD REACH OUT TO OTHER BUSINESSES IN THAT AREA. AND JUST ADDRESSING THAT, THEY'RE ALL FOR HELPING WITH THE CONTAINERS. I KNEW WE -- WE MENTIONED -- I DON'T WANT TO SEE THESE AREAS TRASHED UP ANY MORE THAN YOU DO. THAT WOULD NEED TO BE A JOINT EFFORT WITH THESE ESTABLISHMENTS TO DO THAT BUT THEY'RE OPEN TO DO THAT. BUT LIKE I SAY, THAT WOULD BE MORE FOR THE TASK FORCE BECAUSE I THROUGH THAT WOULD BE ONE OF YOUR QUESTIONS.

>> I FORSAID VOICE MAIL FROM A LOCAL REALTOR WHO EXPRESSED CONCERNS AND AN EMAIL FROM A MEDIA -- MARKETING REPRESENTATIVE, LOCAL MARKETING BUSINESS OWNER, WHO EXPRESSED

SOME SUPPORT. >> ONE OF THE THINGS I'M -- I THINK THIS IS SOMETHING WE'RE STUDYING. IT'S ONE OF THE THINGS I KNOW THAT FROM A LITTLE BIT OF THE FEEDBACK I'VE GOTTEN ON EMAILS AND SOME OF THE COMMUNICATION IS THIS A COMPONENT THAT ENCOURAGES LIVING OR ENTERTAINMENT? I THINK THAT SOME OF THE PEOPLE THAT HAVE EXPRESSED CONCERN OR PROS OR

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CONS BRING THAT UP. I'M EAGER TO LEARN THE CULTURE THAT'S ALREADY IMPLEMENTED THIS AND TO SAY HOW VIABLE IT COULD BE, WHAT ARE THE PROS AND CONS TO THAT SO THAT'S GOOD.

>> I AGREE WITH COUNCILMEMBER CRAVER. IT'S -- BEFORE I MAKE A DECISION, I WOULD LIKE TO GET AS MANY FACTS AS POSSIBLE. IN SOME AREAS IT'S WORKED. YOU MENTIONED FREDERICKSBURG AND DENISON. THEN COUNCILMEMBER HURT, YOU MENTIONED SIXTH STREET IN AUSTIN. I DON'T WANT TO SAY THAT DOESN'T WORK BUT I WOULD LIKE TO GET ALL THE PIECES TOGETHER BEFORE WE MAKE A YAY OR

NAY. >> THAT'S EXACTLY THE POINT OF

THE TASK FORCE. >> ONE OF THE THOUGHTS I HAD AS WELL IN THE DENISON ORDINANCE, ONE THING IT ALLOWED FOR WAS INCREASE IN NOISE LEVELS. ON THIS COMMITTEE, I WOULD LIKE TO INCLUDE RESIDENTS BOTH FROM THE NORTH AND SOUTH DISTRICTS.

>> ABSOLUTELY. >> IF WE MOVE FORWARD.

>> ANY OTHER COMMENTS BEFORE THE PUBLIC HEARING?

>> I THINK WE NEED TO HEAR FROM THE PUBLIC. THE COMMENTS I'VE HAD ARE 100% AGAINST IT BUT THAT'S ONE. SO IT'S UNANIMOUSLY AGAINST IT BY ONE PERSON. I HAVEN'T HEARD FROM ANYBODY ELSE, CITIZENS. IF THEY DON'T WANT IT, WE DON'T NEED IT.

>> OKAY. >> THANK YOU VERY MUCH.

>> THANK YOU, ROBERT. >> AT THIS TIME I'LL OPEN UP THE PUBLIC HEARING. IS THERE ANYTHING -- ANY CARDS TURNED IN?

>> YES, SIR, I HAVE CARDS. >> IS THERE ANYONE THAT WOULD LIKE TO SPEAK ON THIS ITEM, GIVE YOUR NAME FOR THE.

>> DAVID SWART. >> MR. SWART.

>> THANK YOU, COUNCIL. ONCE AGAIN, DAVID SWART. YEAH, I SAW THIS ON THE AGENDA AND IT WAS PUBLISHED TO THE MEDIA. IT'S PROBABLY MAYBE GOING TO BE A POSITIVE THING TO GROW THE DOWNTOWN AREA. I THINK IT COULD WORK, YOU KNOW, IF YOU GO THROUGH IT AND TAKE YOUR TIME. I KNOW THAT HA HAPPEN MENTIONED TBAC. THEY SELL A SIX-PACK TO GO BECAUSE THEY ONLY HAVE BEER AND WINE LICENSES. IF YOU HAVE MIXED DRINKS, THEY CHASE YOU DOWN IF YOU LEAVE WITH A BEER. I REMEMBER THE GOVERNOR, SOMETIME IN THE PANDEMIC THIS PAST YEAR, HE AUTHORIZED DRINKS TO GO. SO I'VE SEEN THEM -- SOME OF THE CHAIN LOCATIONS, I'LL SAY. SO THERE'S A POSSIBILITY THAT IT MIGHT BE FLEXIBLE TO DO THAT. MENTIONING THE TRASH AND STUFF, WE'VE GOT THESE CONTAINERS LIKE BEHIND CITY HALL AND DOWN BY THE POST OFFICE, WE MIGHT HAVE TO STATION A FEW IN THE DOWNTOWN AREA THAT YOU DESIGNATE. I DON'T THINK IT WOULD BE A BAD THING TO DO THAT I KNOW IN LAS VEGAS, ON THE STRIP IS WHAT THEY CALL IT, I BELIEVE THEY PROHIBIT ANY GLASS CONTAINERS. YOU CAN USE PLASTIC OR METAL SO THAT MIGHT BE A POSSIBILITY FOR THE TASK FORCE TO LOOK AT. I THOUGHT ABOUT IT SEVERAL DAYS HERE. IF YOU'RE GOING TO MAKE A DESIGNATED DOWNTOWN AREA, THIS IS MY SUGGESTION TO WHOEVER PUTS THIS FORWARD, IF THEY DO IT. IT SHOULD BE LIKE ON THE NORTH SIDE, NORTH EIGHTH ON THE SOUTH SIDE BY SOUTH 7TH. ON THE EAST SIDE BY TREAD AWAY BOULEVARD, AND THEN ON THE WEST SIDE, HICKORY AND BUTTERNUT. I THINK CAPTURES THE SODA DISTRICT AND THE DOWNTOWN AREA, INCLUDING THE CONVENTION CENTER AND WE MAY HAVE EXPANSION TOWARDS TREADAWAY, AS I MENTIONED THE NEW PLACE GOING IN ON FIFTH STREET. THERE MAY BE MORE CLOSER TO TREADAWAY THAT DOES BEER SERVES OR BEER. I THINK IT'S A GOOD IDEA THAT THEY INVESTIGATE IN A TASK FORCE. THAT'S MY SUGGESTION. YOU SAY IT COULD BE ONE WAY OR ANOTHER, PEOPLE MAY BE OPPOSED BUT I THINK IF IT'S DONE RIGHT AND PEOPLE ARE RESPONSIBLE TO AN EXTENT, TO THROW AWAY THEIR TRASH, LIKE I SAID, HAVE A FEW CONTAINERS POSTED AROUND, THEN HAVE A CERTAIN DESIGNATED AREA.

AND PROBABLY YOU'LL HAVE A TIME ZONE, SIMILAR TO WHAT THE TABC DOES ON ESTABLISHMENTS SERVING ON THAT ALSO. THAT'S MY NICKELS WORTH THIS MORNING ON THIS ITEM THANK YOU VERY MUCH, COUNCIL.

>> THANK YOU MR. SWART. >> CINDY FRAZER.

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>> GOOD MORNING. MY NAME IS CINDY FRAZER AND I'M THE DATA COORDINATOR FOR THE PREVENTION RESEARCH CENTER. I RESEARCH AND DISSEMINATE DATA, ALCOHOL, ACCESSIBILITY, CONSUMPTION AND HARM TO OTHERS. I WOULD LIKE TO PRESENT INFORMATION FOR YOUR CONSIDERATION. THE SAFETY OF OUR COMMUNITY AND THE RESIDENTS IS THE MOST IMPORTANT ISSUE TO CONSIDER WHEN MAKING DECISION, ESPECIALLY AS IT RELATES TO ALCOHOL ACCESSIBILITY AND PUBLIC CONSUMPTION AND SOMEHOW OUTWEIGH THE CHANGES TO THE ORDINANCE. I ASK YOU TO REJECT THE MOTION. SOME BEHAVIORS HAVE LEGAL CONSEQUENCES. BETWEEN 2017-2019, TAYLOR COUNTY HAS SEEN A DECREASE IN ARRESTS AND PUBLIC DRUNKENNESS. THERE WERE 568, IN '17, AND 551, 2019, THAT COULD BE UNDONE BY APPROVING THE ORDINANCE. THE NATIONAL INSTITUTE ON ALCOHOL ABUSE AND REPORT, ALCOHOL INTERFERES WITH THE BRAIN AND AFFECTS THE WAY IT LOOKS AND WORKS. IT ALLOW AS AN OF CONSUMPTION OF ALCOHOL IN OPEN CONTAINERS MAY RESULT IN PALETTETH OPERATING A VEHICLE UNDER THE AFFECTS OF ALCOHOL, RESULTS IN DELAYED REACTION IN CRISIS SITUATIONS SIMILAR TO A D.U.I. CRASH. THE OVERALL AFFECTS OF ALCOHOL CONSUMPTION COMBINED WITH SKILLS NECESSARY TO OPERATE A MOTOR VEHICLE WOULD NOT BE A GOOD RESULTS FOR THE DRIVERS AND PASSENGERS. IT COULD INCREASED UNDERAGE DRINKING BY INCREASING AVAILABILITY. THE SCHOOL REPORT SHOWS ALMOST 79% OF 11 AND 12TH GRATERS REPORT HAVING ALCOHOL IN THE PAST 30 DAYS. OVER 37% OF THOSE REPORT HAVING BEER AND 25% OF THOSE REPORT HAVING WINE.

THESE ARE SELF REPORTS BY STUDENTS. 41% OF STUDENTS REPORT DRINKING ONE TO FOUR BEERS ON AVERAGE AT ONE TIME AND 44% REPORT THE SAME AMOUNT THE WINE. WHEN ASKED WHERE STUDENTS GET THEIR ALCOHOL, 37 REPORT GETTING IT FROM FRIENDS AND 26% FROM OTHER SOURCES WHICH DO NOT INCLUDE PARTIES OR STORES. 89% OF 11 AND 12TH GRADE STUDENTS REPORT THEIR PARENTS SAY DRINKING IS DANGEROUS. WE USED THIS TO EDUCATE THE RISK OF UNDERAGE DRINKING. IT COULD INCREASE KNOWN RISK FACTORS AND DANGERS OF DRINKING AND UNNECESSARY INJURIES AND VIOLENCE ASSOCIATED WITH CONSUMPTION. I WOULD LIKE TO REMIND THE COUNCIL, THE FAMILY FRIENDLY ENVIRONMENT WE CREATED IN ABILENE WITHIN THE DOWNTOWN AREA INCLUDING AN AIR FORCE BASE, INSTITUTION OF LEARNING WHICH ARE HOME TO OVER AND UNDER 21-YEAR-OLDS. AS LEADERS IN THE COMMUNITY, THANK YOU FOR ALLOWING ME TO SHARE CONCERNS FOR THE SAFETY OF THE COMMUNITY MY HOPE IS YOU CAN INCREASE PROTECTIVE FACTORS AND REDUCE THE POSSIBILITIES OF UNDERAGE DRINKING. THANK YOU.

>> THANK YOU. >> TIM SMITH?

>> HELLO, COUNCIL, MY NAME'S TIM SMITH. THANK YOU GUYS FOR BRINGING THIS UP. WELDON, THANK YOU FOR SUGGESTING THIS BE LOOKED AT. I SEE NOTHING WRONG WITH EXPLORING THE PROS AND CONS OF AN OPEN CONTAINER IN SMALL AREAS. SPECIFICALLY WHEN WELDON AND I SPOKE, WE DISCUSSED IT IN THE SODA DISTRICT BECAUSE THERE'S GOING TO BE SO MANY THINGS IN A VERY WALKABLE AREA.

WE'RE PUTTING TOGETHER A VENDOR MARKET THAT WE PUT ON HOLD DURING COVID BUT IN THE CORNER, THE BASEMENT AREA OF THE OLD MATTERA PROPERTY. AND WE'VE HAD THAT INFORMATION OUT FOR ABOUT FIVE DAYS. WE'VE HAD SO MANY INQUIRIES FROM VENDORS WHO WANT TO SELL MERCHANDISE FOR PRODUCTS AND SERVICES THAT I HAVE CREATED A FULL-TIME JOB FOR MY MOTHER SO SHE'S HANDING OUT INFORMATION RIGHT AND LEFT. WE'VE ALREADY SECURED ABOUT 12 VENDORS. SO IT'S GOING TO BE SUCCESSFUL. YOU'LL HAVE PEOPLE DOWN THERE DOING OTHER THINGS BESIDES DRINKING. AGAIN, IT ALL COMES DOWN TO PERSONAL AND INDIVIDUAL RESPONSIBILITY. IF YOU BEHAVE POORLY, THERE ARE CONSEQUENCES FOR THOSE ACTIONS. I THINK IN FREDERICKSBURG, I THINK OF OTHER TOWNS THAT HAVE A SMALLER POPULATION THAN WE DO AND THEIR DOWNTOWNS PROMOTE WALKABILITY.

THIS IS ONE OF THE PUZZLE PIECES TO THAT, ALLOWING PEOPLE THE FREQUENTS ABILITY TO WALK AROUND DURING EVENTS, SHOP, GO TO

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RETAIL STORES SO IT HELPS WITH WALKABILITY. IF THAT'S WHAT WE'RE TRAINED TO PROMOTE. EVERYTHING HAS AN ELEMENTARY OF CONTROVERSY IT SEEMS LIKE BUT WITH THE PROJECTS I'VE DONE, I HAVE PROVEN WE CAN BE FLEXIBLE, WE CAN BE CREATIVE AND STILL HAVE REGULATIONS THAT WORK AND ATTRACT PEOPLE TO DOWNTOWN. TO THIS DAY, EVERY WEEKEND WE HAVE PEOPLE SURGING OUR COURTYARD. CIRCLING OUR COURTYARD, IT'S PEOPLE THAT LIVE HERE BRINGING FAMILY AND FRIENDS TO DOWNTOWN TO LOOK AT WHAT'S GOING IN DOWNTOWN ABILENE. WE HAVE A RESTAURANT, THE JILL LAT TOE SHOP. WE HAVE AN OUTDOOR STAGE ABOUT TO RAMP UP. THERE'S A LOT OF EXCITING THINGS HAPPENING. DONNA, YOU KNOW MY WIFE VERY WELL. SOMETIMES I'M DRIVING HOME AND SEE HER PICKING UP TRASH A BLOCK AWAY. SO I THINK ALL OF THE BUSINESS OWNERS IN THAT AREA FOR SURE ARE WILLING TO PICK UP TRASH AND TAKE CARE OF THINGS. WE DO IT EVERY DAY ANYWAY. SO I DON'T SEE THAT AS A HUGE PROBLEM. WE'LL TAKE CARE OF IT. WE HAVE

PRIVATE OWNERSHIP. THANK YOU. >> THANK YOU, MR. SMITH.

>> MANDY SHOEMAN. >> GOOD MORNING, I'M THE COALITION COORDINATOR FOR TAYLOR ALLIANCE FOR PREVENTION. A LOCAL COALITION FUNDINGED BY A GRANT FROM THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION. TAP IS A VOLUNTEER COALITION TO IMPLEMENT ENVIRONMENT STRATEGIES TO REDUCE RATINGS OF UNDERAGE DRINKING AND SUBSTANCE ABUSE. THE ENVIRONMENTAL STRATEGIES AND POLICIES IMPLEMENTED BY THE COALITION STEM FROM EVIDENCE

BASED STRATEGIES -- >> CALLED THE TEXAS SCHOOL SURVEY AND TEXAS COLLEGE SURVEY WE WANT TO DISCOURAGE THE CREATE CREATION OF AN ENTERTAINMENT DISTRICT THAT ALLOWS BEER AND WINE REGARDLESS IF THEY'RE ON A LICENSED PREMISE. HERE ARE THE REASONS WHY IT'S NOT IN THE BEST INTEREST OF OUR COMMUNITY.

DOMESTIC VIOLENCE AND ALCOHOL MISUSE GO HAND-IN-HAND. ASSAULT AND ALCOHOL ABUSE GO HAND-IN-HAND. CHILD ABUSE, NEGLECT, SEXUAL ASSAULT AND CRIME AND DRIVING FATALITIES GO HAND-IN-HAND WITH ALCOHOL MISUSE. THIS YEAR ALONE IN 2021 WE HAVE HAD 33 ARRESTS OF WHICH FIVE WERE UNDER THE AGE OF 21 DUE TO DRUNKENNESS. 2020, 452 ALCOHOL ARRESTED WERE MADE. THE SAME YEAR, 344 DRIVING UNDER THE INFLUENCE ARRESTS WERE MADE AND 21 OF THOSE WERE UNDER 21 YEARS OLD. ALSO, IN 2020, 18 LIQUOR LAWS VIOLATIONS WERE CITED, 50% WERE UNDER THE AGE OF 21. IN 2219, 38 LIQUOR LAW CITATIONS WERE HANDED OUT AND 24 OF 38 WERE UNDER 21. BY ALLOWING ALCOHOL TO BE CONSUMED OUTSIDE THE CONFINES OF LICENSED ALCOHOL ESTABLISHMENTS, THE COUNCIL WILL BE ADDING ANOTHER RISK FACTOR TO OUR COMMUNITY. WE URGE THE COUNCIL TO ADOPT A POSITION THAT PROTECTS OUR COMMUNITY FROM FURTHER ACCESS TO ALCOHOL TO UNDERAGE YOUTH. IF YOU ARE TO CONSIDER THE OPTION OF MOVING FORWARD WITH THIS DISCUSSION IN THE FUTURE, WE DO URGE YOU TO LOOK AT PROCEDURES FOR REMOVAL OR OBJECTION OF INTOXICATED PERSONS WHEN MAKING DECISION THAT AFFECT OUR CITIZENS. WE ESPECIALLY ENCOURAGE YOU TO LOOK AT PROCEDURES FOR ENSURING UNDER AGE PERCENTS WILL NO HAVE ACCESS TO ALCOHOL WITHIN THE ENTERTAINMENT DISTRICT. WE URGE YOU TO HAVE PROCEDURES THAT WILL BE USED BY ALL STAFF, VENDORS AND SECURITY PERSONNEL FOR DIFFERENTIATING BETWEEN PERSONS UNDER AND OVER 21 PRESIDENT-ELECT POINT OF PURCHASE OF A ALCOHOLIC BEVERAGE. THANK YOU VERY MUCH.

>> THANK YOU. >>> THAT'S ALL THE CARDS I HAVE.

>> ALL THE CARDS. ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS

ITEM, EITHER FOR OR AGAINST? >> I'M SAMUEL GARCIA. I WOULD LIKE TO SPEAK AGAINST IT AT THIS POINT. I AM SO GLADT THESE YOUNG LADIES SHOWED UP TO TALK ABOUT THE ONE THING THAT WAS ON MY MIND. WHEN YOU'RE THE SON OF AN ALCOHOLIC AND SPEND YOUR

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ENTIRE LIFE DEALING WITH ALCOHOLISM, THIS IS NOT STATISTICS, IT'S LIFE. WHEN YOU'RE THE SON OF AN ALCOHOLIC AND YOU'RE AN AGGIE, YOU GO TO UNIVERSITY DRIVE. ONE OF THE THINGS AS AN AGGIE, I REMEMBER CROSSING THAT BUSY STREET. YOU HEAR ABOUT KIDS LITERALLY GETTING RUN OVER BECAUSE THERE'S THE BAR SCENE THERE. LITERALLY GETTING RUN OVER. WHEN YOU'RE THE SON OF AN ALCOHOLIC AND YOU SEE YOUR DAD DEALING WITH ALCOHOL, YOU HAVE A -- THIS MIGHT NOT BE A GOOD THING DEAL.

WHEN YOU MIX ALCOHOL WITH PEDESTRIANS, BECAUSE THAT'S WHAT YOU'RE DOING, I'M LIKE, WOW, THIS HAS GOT TO BE SOMETHING -- I WOULDN'T EVEN CONSIDER IT RIGHT NOW TO BE HONEST. I'M SO GLAD THAT THAT COMMITTEE WILL BE PUT TOGETHER AT LEAST, BUT IT NEEDS TO BE WEIGHTED HEAVILY WITH PEOPLE THAT HAVE THE CONCERNS FOR THE TRASH, THE EFFECTS ON PEOPLE FROM AN ALCOHOLIC STANDPOINT. THE OTHER PART THAT I'M WONDERING, CART BURY THE HORSE, THIS ENTERTAINMENT DISTRICT IS ANCHORED BY A HOTEL, BUILDING A HOTEL THAT WAS APPROVED -- ACTUALLY NEXT MONTH WILL BE TWO YEARS SINCE THE STANLEY PROVED BUILDING THIS HOTEL AND SO FAR WE SEE EMPTY LOTS. WHY WOULD YOU THINK ABOUT DOING THIS WHEN YOU HAVE NOT EVEN DONE THE CROWN JEWEL OF THIS ENTERTAINMENT DISTRICT. I WOULD THINK THIS WOULD BE SOMETHING YOU CONSIDER AFTER THAT BECAUSE YOU DON'T KNOW WHAT EFFECT THAT WILL HAVE IF IT GETS BUILT. I SAY IF BECAUSE THERE'S NOTHING I'VE SEEN THAT HAS GIVEN ME AN INDICATION THIS HOTEL IS GOING TO GET BUILT. I'M GOING TO USE THE LAST MINUTE TO TALK ABOUT THAT. THAT IS THE CITIZENS SAW YOU APPROVE THIS PROJECT TWO YEARS AGO NEXT MONTH. THE ENVIRONMENT HAS CHANGED IN THE ENTERTAINMENT INDUSTRY, IN THE TRAVEL INDUSTRY, THE -- I'M WONDERING, CAN WE USE THAT TAX MONEY? HOW LONG IS THAT GOOD BECAUSE THE -- THEY HAD TO GIVE US A SPECIAL REBATE ON SALES TAX TO PAY FOR THIS THING. I KEEP THINKING ARE THE COSTS OF THIS HOTEL GOING TO BE THE SAME OR IS THE STUDY THAT WAS DONE TO KNOW WHAT KIND OF OCCUPANCY RATE YOU HAVE TO HAVE TO MAKE THE PAYMENTS BACK AND WHAT'S THE BORDON SITUATION? THERE ARE A LOT OF QUESTIONS THAT THE CITIZENS DESERVE TWO YEARS LATER AS TO WHY THIS HOTEL HASN'T BEEN BUILT. THEN ONCE THAT HAPPENS AND WHEN THE HOTEL IS BUILT -- I DON'T THINK IT IS, TO BE HONEST -- THEN YOU DECIDE WHETHER OR NOT THIS IS SOMETHING YOU WANT TO CONSIDER. THANK

YOU. >> THANK YOU, MR. GARCIA.

>> WOULD ANYONE ELSE LIKE TO SPEAK ON THIS ITEM, FOR OR AGAINST? SEEING NO ONE I'LL CLOSE THE PUBLIC HEARING. DOES ANYONE ELSE ON THE COUNCIL HAVE COMMENTS?

>> I WANT TO SAY THIS IS TO NOT ENCOURAGE DRINKING. PEOPLE ARE ALREADY GOING TO THE BARS DOWNTOWN. WE'RE NOT TRYING TO ENCOURAGE DRINKING. THIS JUST GIVES ACCESSIBILITY TO CERTAIN DISTRICTS. THERE ARE ALREADY LAWS IN PLACE IN THE STATE THAT DEAL WITH UNDERAGE CONSUMPTION AND DRINKING AND D.U.I.S AND THINGS LIKE THAT. THOSE ARE ISSUES THAT ARE ADDRESSED. I JUST WANT TO STATE IT, WE'RE NOT ENCOURAGING THAT PEOPLE GO OUT AND GET DRUNK ON THE STREET. THAT'S NOT WHAT THIS IS ABOUT.

I'M GOING TO ADD THERE'S NO COST TO THE CITY ON THIS. YOU KNOW, IT DOESN'T COST US ANYTHING. ALL I WANTED TO BRING WAS THAT WE PUT TOGETHER A TASK FORCE TO SEE THE FEES FEASIBILITY OF AN ENTERTAINMENT DISTRICT LIKE A LARGE ONE OR SMALLER ONE AND, YOU KNOW, GET THE FEEDBACK FROM CITIZENS AND BUSINESSES IN THE AREA TO SEE THE FEASIBILITY OF DOING THIS. THAT'S ALL I WAS ENCOURAGING WAS THAT WE HAVE A TASK FORCE TO LOOK AT THE FEASIBILITY OF THIS ENTERTAINMENT DISTRICT.

>> THIS IS NOT AN ITEM FOR ACTION BUT IT IS AN ITEM WE'RE ASKED TO GIVE DIRECTION. IS THERE ANYONE THAT DOES NOT WANT STAFFING TO FORWARD WITH THIS TASK FORCE? AND INVESTIGATING WHAT NEEDS TO BE DONE? OKAY. I THINK YOU HAVE YOUR DIRECTION, ROBERT. WE WILL NOW MOVE TO ITEM NO. 11 AND I'LL ASK RODNEY

[11. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on authorizing a one time adjustment to Municipal Services Water Accounts in response to the February 2021 Winter Storm Event (Rodney Taylor)]

TAYLOR TO PRESENT THIS ITEM. >> GOOD MORNING. RODNEY TAYLOR, DIRECTOR OF WATER UTILITIES. THIS ITEM BEFORE YOU IS A RESOLUTION AUTHORIZING A ONE-TIME CREDIT TO MUNICIPAL SERVICES, WATER ACCOUNTS THAT IS IN RESPONSE TO THE FEBRUARY,

[00:35:06]

2021, WINTER STORM EVENT. LAST COUNCIL MEETING, THERE WAS A CONVERSATION WHERE INTEREST WAS EXPRESSED IN POSSIBLY MAKING SOME TYPE OF A CREDIT TO OUR CUSTOMER ACCOUNTS. BECAUSE OF THE WIDESPREAD IMPACT ON OUR CUSTOMERS DURING THIS EVENT REGARDING THE DRIPPING OR DRIBBLING OF FAUCETS THAT CONSUMED WATER THAT TYPICALLY WOULD NOT HAVE BEEN DONE TO PREVENT DAMAGE TO PLUMBING AND OTHER THINGS. SO LOOKING AT IT FROM THE UTILITY STANDPOINT, WE LOOKED AT SEVERAL OPTIONS AND THE PROPOSAL BEFORE YOU TODAY IS A CREDIT OF -- ONE TIME CREDIT TO EVERY WATER ACCOUNT OF $11.10 AND WE CHOSE THIS METHOD BECAUSE IT'S SIMPLE TO IMPLEMENT. IT IT ONE TIME THEN DROP OFF. IT IS BASED ON 2,000 GALLONS OF CONSUMPTION, WHICH STATISTICALLY IS MORE THAN ADEQUATE TO ADDRESS A DRIPPING FAUCET DURING THAT PERIOD OF TIME. WE APPLIED THAT TO THE IMPACT ON SEWER AND OUR IV CHARGE. WE BASE THIS ON RESIDENTIAL TIER 1 RATE. BUT WE WOULD APPLY THAT SAME AMOUNT EQUALLY ACROSS BOTH COMMERCIAL AND INDUSTRIAL ACCOUNTS AS WELL PER THE RESOLUTION.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

>> THANK YOU, RODNEY. I ASKED ABOUT THIS AT THE LAST MEETING AND SOMETHING OTHER COMMUNITIES HAVE DONE, BECAUSE WITH THE LOSS OF POWER, WE WERE HAVING TO RUN WATER. PEOPLE ACROSS THE CITY WERE RUNNING WATER AND OTHER CUSTOMERS. SO JUST TO -- IT WASN'T OUR FAULT THAT PEOPLE LOST POWER, BUT IT'S A GOOD CUSTOMER SERVICE THING SO I AM IN SUPPORT OF THAT. ANYONE ELSE

HAVE ANY COMMENTS? >> I'M COMMENT. WHAT YOU DIDN'T SAY IS IF YOU DO THIS IT WILL COST $482,000 OUT OF THE CITY

OPERATING BUDGET. >> THAT'S CORRECT.

>> I ASKED A LOT OF PEOPLE ABOUT IT AND THEY'RE LIKE WHO CARES.

IN MY WORLD, WE HAVE THOUSANDS OF DOLLARS TO -- IF WE'RE LATE ON DELIVERY, BUT IF WE CAN'T SHIP BECAUSE OF AN ICE STORM, THEY WAIVE THAT. OUR STREET CONTRACTORS, THEIR DELAYS DUE TO WEATHER, THEY DON'T GET A PENALTY. THERE'S A THOUSAND REASONS PEOPLE WANT TO CLAIM WHY YOU DIDN'T HAVE ELECTRICITY TO PRODUCE WATER. THIS IS LIKE THE GOVERNMENT, THE GOVERNMENT CAN SEND EVERYBODY A CHECK WHETHER THEY NEED IT OR NOT BECAUSE IT'S TOO MUCH TROUBLE TO FIGURE OUT IF THEY NEED IT. IF WE'RE GOING TO DO SOMETHING, SET UP A CELL PHONE NUMBER, A BY LINE ON THE TV SAYING IF YOU WANT $10.11 TEXT US. THEN PAY THEM. BUT DON'T BEAT YOURSELF OUT OF 482,000. I KNOW YOU KNOW THAT NOBODY BEAT ME UP SAYING COME UP HERE AND TAKE $10 FROM WHATEVER IT IS, $11.10 OFF THE WATER BILL. SOMEBODY WILL SAY YOU RAISED THE WATER BILL BECAUSE YOU HAD IT. IT'S TOUGH TIMES FOR EVERYBODY. SUN CAME UP, ANNIE.

IF YOU FEEL YOU DON'T NEED THE CREDIT, ADD THE $11.10 BACK ON.

THAT'S WHAT I'M GOING TO DO. THAT ADDRESSES WHAT JACK WAS SAYING. IF YOU FEEL LIKE -- UNLESS I'M GOING TO CAUSE A

PROBLEM WITH ACCOUNTING. >> IF WE DO THAT, WE'LL CREDIT

YOUR BILL FOR THE NEXT TIME. >> OH.

>> YOU'LL HAVE A PERPETUAL CREDIT.

>> WOULD YOU ERASE THAT FROM THE VIDEO? I THOUGHT YOU COULD DO THAT. THAT WAS MY SUGGESTION. I MEAN I'M THE SAME WAY, I DON'T NEED THAT CONSIDERED. I REALLY DON'T BECAUSE I DIDN'T HAVE A WATER ISSUE. BUT I KNOW THOSE WHO DID IT DO NEED IT. AND I APPRECIATE THE FACT THE CITY IS TRYING TO HELP THOSE FOLKS OUT

IN THAT REGARD. >> IF I COULD ADD, DO YOU HAVE OUR CURRENT AND REGULAR -- PROGRAM IN PLACE, USED BY THE CITIZENS RIGHT NOW. IF -- HOW THAT WORKS IS IF YOU HAVE EXPERIENCED A LEAK, YOU SHOULD GO THROUGH REPAIR AND CREDIT

[00:40:05]

YOUR ACCOUNT FOR FORMULA TO -- BE IN ADDITION TO THAT IF COUNCIL CHOOSES TO APPROVE THIS

POLICY. >> ANY OTHER COMMENTS? DISCUSSION ON THIS? AT THIS TIME I'LL OPEN UP THE PUBLIC HEARING. THANK YOU, RODNEY. IS THERE ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM? COME FORWARD AND GIVE YOUR NAME

FOR THE RECORD. >> THANK YOU, COUNCIL. DAVID SWART. WHEN I SAW THAT THROUGH THE MEDIA, IT CAN BE GOOD FOR PEOPLE THAT ARE LOW INCOME OR FIXED INCOME. YOU KNOW, YOU HAD TO RUN THE WATER AND THEN THE PRESSURE WENT DOWN BECAUSE THE POWER GRID FAILED. SO YOUR PIPES FROZE AND BUSTED AND IN THE END, YOU DIDN'T ACTUALLY DO ANYTHING. YOU ENDED UP YOU HAVE TO PAY PLUMBERS AND YOU MAY BE TWO OR THREE WEEKS BEFORE YOU GET ONE OUT THERE SO YOU HAVE TO DO WITHOUT WATER. YOU TURN IT ON BRIEFLY AND DO WHAT YOU NEED TO DO AND TURN IT BACK OFF. I KNOW WHEN IT WAS MENTIONED $11.10. YOU SAID TIER 1. I'M SURE IN MY CASE IT'S TIER 1 BUT -- I HADN'T LOOKED AT THE BILL THIS PAST MONTH. I THINK IT WAS $3.05 SO I DON'T KNOW, HOW YOU WOULD ACHIEVE, EVEN WITH THE IVY, UNLESS IT INCLUDES POSSIBLY THE SEWER PORTION OF IT WAY IS COMES $11.05. IT WOULD BE $3.05 FOR THE -- AND 60 CENTS FOR THE IVY CHARGE. THE SEWER MUST BE CALCULATED IN THERE. BUT LIKE I SAID, A LOT OF FOLKS THAT ARE FIXED INCOME, OLDER. I KNOW A FRIEND, THEIR PIPE BROKE IN THE BATHROOM. IT WASN'T THE FIRST DAY, IT WAS ABOUT THE THIRD DAY WHEN THE PRESSURE WAS DOWN AND FINALLY IT JUST BROKE.

SO THEY HAD TO GET THAT FIXED AND IT TOOK A WHILE. THEY DID REPAIRS AND IT TURNS OUT THE REPAIRS CAUSED ANOTHER LEAK SO THEY HAVE TO GO BACK AND TRY TO GET THAT FIXED. I KNOW THERE'S A PRO AND CON ON BOTH SIDES, BUT LIKE THEY SAID, ON SOME OF THE NEWS BRIEFINGS Y'ALL HAD, IT WASN'T REALLY YOUR FAULT. IT WAS THE UTILITY COMPANY FAILING TO PROVIDE THE GRID FOR THE THREE DIFFERENT WATER PLANTS. YOU THINK ABOUT IT, THAT'S INCREDIBLE TO HAVE THREE FAILURES. IT'S JUST LIKE AN AIRCRAFT, YOU HAVE REDUNDANCY. YOU WOULD NEVER DREAM THAT YOU WOULD HAVE ALL THREE COLLAPSE AT ONCE. YOU KNOW. IT'S SUPPOSED TO BE A REDUNDANCY, THAT'S WHY YOU HAVE THREE. THEN YOU HAVE TWO DIFFERENT POWER GRIDS COMING INTO THEM. THEN TO HAVE ALL THAT FAIL AND THEN SAY WE -- SORRY, CUSTOMERS. I THINK IT'S A POSSIBILITY, LIKE YOU SAID, IT'S A ONE-TIME DEAL. I KNOW IT'S GOING TO COME OUT ON THE BUDGET ON THE END, BUT I THINK AS MUCH AS WE WENT THROUGH DURING THE STORM, SOME PEOPLE WENT WITHOUT WATER AND POWER FOR UP TO FOUR DAYS. SO I THINK YOU SHOULD CONSIDER THIS. THANK YOU, COUNCIL, THIS MORNING.

>> THANK YOU MR. SWART. >> WOULD ANYONE ELSE LIKE TO SPEAK ON THIS EITHER, EITHER FOR OR AGAINST?

>> FIRST OF ALL, THANK YOU AND YOUR FOLKS FOR ALL THE WORK YOU DID. I SAID THIS LAST FALL ABOUT YOU AND YOUR DEPARTMENT.

LAST FALL BEFORE ALL THIS HIT, I GOT UP HERE AND TOLD Y'ALL HOW IMPORTANT OUR WATER PEOPLE ARE AND THE WORK THEY DO AND WE CAN'T GIVE THEM ENOUGH PRAISE AND THEY PROVED IT WORKING TIRELESSLY SO AS A CITIZEN, I WANT TO SAY THANK YOU. I AGREE WITH YOU, JACK. WOW, I CAN'T BELIEVE THAT. YOU'RE RIGHT. I DON'T NEED THAT. I DON'T NEED THAT CREDIT. IS THERE ANY WAY YOU COULD USE -- I THINK IT'S KIND OF WHAT MR. HANA WAS SAYING, CAN YOU USE PERMITS? IF THERE WERE PERMITS FOR REPAIRS, I I DON'T YOU WEREN'T CHARGING OR WASTED THE FEE -- WAIVED THE FEE? I KNOW THEY CAN ASK FOR IT BUT MAYBE THEY DON'T KNOW TO ASK. I DON'T THINK YOU SHOULD GIVE RANDOMLY A CREDIT. I WOULD RATHER SEE THAT MONEY SET ASIDE TO HELP WITH -- TO PREVENT THIS FROM HAPPENING IN THE FUTURE. IF YOU SAID LET'S TAKE 300,000

[00:45:04]

OF THAT AND PUT IT TOWARDS MAKING SURE WE HAVE THE PROPER EQUIPMENT OR PROPER STAFF TO BE ABLE TO HANDLE THOSE NEXT TIME, I THINK YOU CAN BETTER SPEND THAT MONEY THAN RANDOMLY GIVING IT TO PEOPLE LIKE MYSELF THAT DIDN'T HAVE A PROBLEM. I DIDN'T HAVE WATER AT ONE PLACE BUT I HAD WATER AT MY OFFICE BUT I NEVER HAD ANY BREAKS SO I'M OKAY. TAKING THAT APPROACH RIGHT NOW IS THE BEST WAY TO DO IT. I APPRECIATE THE EFFORT THOUGH. I APPRECIATE CONSIDERATION FOR THE CITIZENS.

I JUST DON'T THINK IT'S THE BEST WAY TO SPEND THE MONEY.

>> WOULD ANYONE ELSE LIKE TO SPEAK FOR OR AGAINST.

THANK YOU, MR. GARCIA. SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. IS THERE ANY FURTHER DISCUSSION FROM COUNCIL ON THIS

IS THERE A MOTION? >> SO MOVED.

>> MOTION TO APPROVE. >> YES.

>> IS THERE IS A SECOND? >> I'LL SECOND.

>> SO WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION

OKAY. SECRETARY, READY TO VOTE. >> COUNCILMEMBER MCALISTERAL.

>> NO. >> COUNCILMEMBER CRAVER.

>> NO. >> MAYOR PRO-TEM PRICE.

>> YES. >> DEPUTY MAYOR PRO-TEM RENTS.

>> NO. >> COUNCILMEMBER ALBUS?

>> NO. >> COUNCILMEMBER HURT?

>> NO. >> MOTION FAILS.

>> MOTION FAILS AND WE'LL MOVE TO ITEM NO. 12, I'LL ASK MIKE

[12. Ordinance (Final Reading) Z-2021-03: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a request from Abi Harvest, LLC to rezone property from Agricultural Open Space (AO) to a mixture of both General Commercial (GC) and Residential Single Family (RS-6) District and located on approximately 172.98 acres near the northwest corner of FM 707 & FM 89. (Mike Warrix)]

WARRIX. >> I'M DOING THIS AND SHANE HAS A CONFLICT SO I'LL MOVE TO ITEM 12 AND ASK THE DIRECTOR OF PLANNING AND SERVICES TO PRESENT IN.

>> THANK YOU VERY MUCH. THIS IS THE FIRST OF FOUR ZONING RELATED CASES BEFORE YOU, THIS IS Z-2021-3. THE HARVEST AND THEY ARE REPRESENTED TODAY. THIS IS A REQUEST TO REZONE A 171-ACRE TRACT WHICH IS DIVIDED INTO TWO SEPARATE TRACTS. YOU HAVE A TRACT 1 AND 2. ALL THIS IS IN YOUR PACKETS. THE FIRST TRACT IS APPROXIMATELY 165 ACRES. THE REQUEST IS TO REZONE THAT FROM THE CURRENT ZONING OF AGRICULTURE OPEN SPACE TO RS6, SINGLE FAMILY RESIDENTIAL AND THE TRACT 2, WHICH IS PART OF THIS REQUEST, IS APPROXIMATELY SIX ACRES. REZONING FROM AGRICULTURE OPEN SPACE TO GENERAL COMMERCIAL. THIS PROPERTY IS LOCATED NEAR THE NORTHWEST CORNER OF BELTWAY SOUTH, FM 707 AND BUFFALO GAP ROAD. THE NOTIFICATION THAT WE HAD SENT OUT TO PROPERTY OWNERS WITHIN 200 FEET OF THE SUBJECT PROPERTY RESULTED IN ONE IN FAVOR AND SEVEN IN OPPOSITION.

THIS IS A GENERAL LOCATION MAP SHOWING THE LOCATION OF THE PROPERTY BEING SOUTH OF THE WAGON WHEEL AVENUE AREA, THE SUBDIVISION. IT'S IMPORTANT TO NOTE WAGON WHEEL, THAT SUBDIVISION IS RS6 ZONING, SIMILAR DENSITY AS PROPOSED TO THE SOUTH IN THIS REQUEST. AND THE -- I DON'T KNOW IF THIS SHOWS UP. CAN YOU SEE THE LASER?

>> YES, SIR. >> TO THE SOUTH, YOU'LL SEE THAT TRACT LABELED 5250. THAT'S WHERE THE SIX ACRES OF THIS REQUEST IS. THE FRONT IS ON BELTWAY SOUTH. THAT'S THE GENERAL COMMERCIAL REQUEST. ZONING MAP SHOWING THAT THAT AREA IS PREDOMINANTLY AGRICULTURE OPEN SPACE ZONING.

YOU HAVE SOME GENERAL COMMERCIAL ZONING TO THE EAST. I BELIEVE THERE'S A 7-ELEVEN OUT THERE AS WELL AS A FITNESS FACILITY.

FITNESS TYPE ESTABLISHMENT. THERE IS SOME SCATTERED SINGLE FAMILY RESIDENTIAL TO THE EAST AS WELL. ZONING EXHIBIT PROVIDED BY THE APPLICANT AS PART OF THE APPLICATION. AGAIN SHOWING THE ABI HARVEST TRACT SOUTH OF WAGON WHEEL. AND ITS LOCATION IN TERMS OF FM 707. A COUPLE OF PHOTOS, THE SUBJECT PROPERTY IS VACANT, UNDEVELOPED NOTIFICATION AREA DID RESULT IN SOME OPPOSITION, THE MAJORITY ALONG WAGON WHEEL AVENUE TO THE NORTH. ONE IN FAVOR, WHICH IS ALSO OFF OF WAGON WHEEL OUT TO THE WEST. STAFF REVIEWED THIS PURSUANT TO REVIEW CRITERIA CONTAINED IN THE CITY'S COMPREHENSIVE PLAN. WE LOOK AT

[00:50:02]

GOALS, OBJECTIVES AND POLICIES FOR CONSISTENCY FOR ALL APPLICATIONS, CONSISTENCY WITH GOALS, OBJECTIVES AND POLICY AND FOUND THIS TO BE IN COMPLIANCE. THE FUTURE LAND USE AND DEVELOPMENT PLAN MAP SHOWS THE GENERAL AREA FOR SINGLE FAMILY RESIDENTIAL USE. AS A RESULT, STAFF IS RECOMMENDING APPROVAL.

HAPPY TO FIELD ANY QUESTIONS. >> THANK YOU, DOES ANYBODY ON

THE COUNCIL HAVE ANY QUESTIONS? >>> ONE OF THE PEOPLE THAT WAS OPPOSED TO THIS REZONING SAID THAT WHEN THEY BOUGHT THEIR PROPERTY, THAT THERE WAS A CONTRACT THAT THAT LAND WOULD NOT BE DEVELOPED FOR 99 YEARS. WAS THAT AN ACTUAL FACT OR WAS THAT JUST A SELLING PLOY FOR THE REALTOR.

>> STAFF IS UNAWARE OF AN AGREEMENT, NEGOTIATIONS OR STATEMENTS THAT MAY HAVE BEEN MADE. PERHAPS THE APPLICANT CAN ADDRESS THAT WHEN THEY TAKE THE PODIUM.

>> YEAH, I WAS GOING TO MAKE SURE THAT -- SO THE AREA THAT BACKS TO THE RESIDENTIAL AREA, THAT WILL BE RESIDENTIAL? SO THE YELLOW PART, THAT WILL BE THE RESIDENTIAL PART.

>> YES, THE COMMERCIAL PART OF THIS REQUEST WILL BE THE SIX

ACRES. >> DOWN TO THE SOUTH.

>> TO THE EAST OF THAT FRONT ALONG F707.

>> SO WE'RE NOT GOING TO HAVE BUSINESSES ALONG THERE --

>> CORRECT. WE'LL TALK MORE ABOUT THAT.

>> ANYBODY ELSE? I'LL OPEN TO PUBLIC HEARING. IS THERE ANYONE WHO WOULD LIKE TOO SPEAK FOR OR AGAINST THIS ITEM? COME FORWARD AND GIVE YOUR NAME FOR THE RECORD.

>> CLAYTON FERAL, WE REPRESENT THE LAND OWNER. THIS ZONING CASE IS TO SUPPORT A FUTURE MIXED USE -- MOSTLY SINGLE FAMILY RESIDENTIAL MASTER PLANNED COMMUNITY, RESIDENTIAL NEIGHBORHOOD. THERE IS GENERAL COMMERCIAL PROPOSED UP FRONT, 707 IS SHOWN AS AN EXPRESSWAY AND THAT'S TYPICALLY NOT APPROPRIATE TO HAVE RESIDENTIAL NEXT TO THAT EXPRESSWAY. THERE WOULD BE RESIDENTIAL BACK TO THE EXISTING WAGON WHEEL NEIGHBORHOOD. ANY EXTENSIONS OF STREETS OR UTILITIES OUT OF THAT WOULD BE PER THE CITY LAND DEVELOPMENT CODE. AS FAR AS THE 99 YEAR AGREEMENT, I'M NOT FAMILIAR WITH THAT. MY SUGGESTION WOULD BE THAT AS REQUIRED BY LAND DEVELOPMENT CODE, WHEN THE OWNER -- THE OWNER WOULD SUBDIVIDE THE PROPERTY THROUGH THE PLOTTING PROCESS. A TITLE WOULD BE REQUIRED TO BE PROVIDED AND THAT SHOULD CLEAR TITLE QUESTIONS UP I WOULD BE HAPPY TO ANSWER ANY OTHER QUESTIONS, IF YOU HAVE ANY. THANK YOU.

>> ANYONE ELSE LIKE TO SPEAK ON THIS TOPIC?

>> TIM SMITH, THE ONLY REASON I'M SAYING ANYTHING IS WE USED TO LIVE ON WAGON WHEEL ON THE SIDE THAT BACKS UP TO THAT PROPERTY AND I DO REMEMBER ASKING IF THAT WOULD EVER BE DEVELOPED AND THEY SAID IF IT WERE DEVELOPED, IT WOULD BE

RESIDENTIAL, SO ... >> THANK YOU.

>> ANYONE ELSE? SEEING NONE, I HEREBY CLOSE THE PUBLIC HEARING DOES COUNCIL HAVE FURTHER QUESTIONS OR COMMENTS.

>> MOVE TO APPROVE. >> SECOND.

>> OKAY, WE'RE READY TO VOTE. >> OKAY.

>> MOTION CARRIES, WE MOVE TO ITEM 13. I'LL ASK MIKE WARRIX,

[13. Ordinance (Final Reading) Z-2021-04: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a request from Kickapoo Land Company and 5KLM Properties, LP to rezone property from Agricultural Open Space (AO) to General Commercial (GC) and located on approximately 82.3 acres near the northwest corner of FM 707 & FM 89. (Mike Warrix)]

PLANNING AND DEVELOPMENT SERVICE, TO PRESENT THIS ITEM AS

WELL. >> THANK YOU, MAYOR PRO-TEM.

>> THIS IS THE COMPANION REQUEST TO THE REQUEST YOU JUST HEARD AND APPROVED. THIS IS ZONING CASE Z-2021-07, KICKAPOO LAND CONDEMN AND 5KLM. THE AGENT IS DAVID TODD. WHAT THE REQUEST CONSISTS OF IS REZONING OF 82 ACRES FROM AGRICULTURE OPEN

[00:55:02]

SPACE TO GENERAL COMMERCIAL. AGAIN, THE -- THIS IS JUST SOUTH OF THE REQUEST THAT YOU JUST HEARD, SOUTH AND WEST OF THAT REQUEST. NOTIFICATION RESULTED IN ZERO IN FAVOR AND ZERO IN OPPOSITION. PLANNING COMMISSION HEARD THIS CASE IN PUBLIC HEARING BACK IN FEBRUARY. THEY ARE RECOMMENDING APPROVAL TO YOU THIS MORNING. TO THE SLIDES, HERE IS THE GENERAL -- THIS IS THE 82 ACRES THAT ARE PART OF THIS REQUEST THAT REPRESENT THIS QUESTION. YOU'LL SEE JUST TO THE NORTH IS THE PROPERTY REZONE AND ALL THIS 82 ACRES DOES FRONT ON BELTWAY SOUTH. CURRENTLY ZONED AO, THE REQUEST IS GENERAL COMMERCIAL.

THERE'S A LISTING OF USES THAT ARE PERMITTED BY RIGHT IN GENERAL COMMERCIAL ZONING. THE APPLICANT IN THEIR APPLICATION DID NOT SPECIFY ANY PARTICULAR USE THEY WOULD BE LOOKING AT, SO IT'S -- INTENT WAS FOR 707, FOR THIS COMPONENT, TO BE A COMMERCIAL TYPE CORRIDOR SO ANY OF THESE USES WOULD BE PERMITTED WITHIN THAT ZONING CLASSIFICATION SHOULD Y'ALL APPROVE IT THIS MORNING. THIS IS VACANT PROPERTY. ZERO IN OPTION, ZERO IN FAVOR IN TERMS OF PUBLIC NOTIFICATION. STAFF'S RECOMMENDING APPROVAL BASED ON CONSISTENCY AND CONFORMITY TO THE CITY'S PLAN. PLANNING COMMISSION CONCURRED AND VOTED IN FEBRUARY TO RECOMMEND APPROVAL TO YOU THIS MORNING.

WITH THAT I'LL BE HAPPY TO FIELD ANY QUESTIONS Y'ALL MAY HAVE.

>> ANYONE HAVE ANY QUESTIONS? SEEING NONE, I'LL OPEN THE PUBLIC HEARING. IF ANYONE WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM, COME FORWARD AND GIVE YOUR NAME FOR THE RECORD.

>> THANK YOU, DAVID TODD, 402 SEAR. MY CLIENT SOLD THE -- MOST OF THE 172 ACRES ON THE PRECEDING ZONE CASE TO A DEVELOPER. THERE IS A AGREEMENT, THE DEVELOPER AGREEMENT BETWEEN TWO PARTIES AND SEVERAL ITEMS ARE IN THERE CONCERNING T TRANSITION BETWEEN SINGLE FAMILY AND COMMERCIAL.

707 IS AN EXPRESSWAY, CONSISTENT WITH COMMERCIAL-TYPE ENDEAVORS.

I DON'T HAVE MUCH ELSE TO SAY UNLESS YOU HAVE QUESTIONS.

>> WHERE HAVE YOU BEEN, DAVID? WE HAVEN'T SEEN YOU IN A YEAR?

>> I TURNED 70 THIS YEAR, I'M THROUGH, WHEN I DO, SO I'M IN

THE LINED UP MODE. >> HAPPY BIRTHDAY, WHENEVER THAT

WAS. >> THANK YOU. DOES ANYONE ELSE WANT TO SPEAK FOR OR AGAINST THIS ITEM?

>> SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. IS THERE ANY OTHER COMMENTS OR QUESTIONS FROM COUNCIL?

>> MOVE FOR APPROVAL. >> MOTION TO APPROVE.

>> SECOND. >> A SECOND. ANY FURTHER

DISCUSSION? >> WE'RE READY TO VOTE.

[14. Ordinance (Final Reading)Z-2021-05: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a request from Hardin-Simmons University to rezone property from Residential Single Family (RS-6) District to General Retail (GR) and located on approximately 1.203 acres at the 1500 and 1600 blocks (north side) of Ambler Avenue in north Abilene. (Mike Warrix)]

TO ITEM NO. 14. I'M ASK MIKE WARRIX TO PRESENT THIS ITEM.

>> THANK YOU AGAIN. THIS IS ZONING CASE 2021-0 # 5. THE

APPLICANT IS HARDENNEN -- >> THE REQUEST IS TO REZONE 1.2 ACRES FROM RESIDENTIAL SINGLE FAMILY RS6, AMBLER CORRIDOR TO GENERAL RETAIL. WHICH WOULD BE A -- ALSO PART OR AVENUE CORRIDOR OVERLAY DISTRICT. LOCATION OF THIS IS ON AMBLER AVENUE ACROSS FROM THE WAL-MART NEIGHBORHOOD MARKET.

NOTIFICATION WAS SENT OUT. THERE WAS A HUGE NUMBER IN FAVOR AND ZERO IN OPPOSITION. PLANNING COMMISSION HEARD THIS CASE IN FEBRUARY. THEY ARE RECOMMENDING APPROVAL. LOCATION MAP ON AMBLER, THIS IS THREE TRACTS OF LAND, TWO OF WHICH ARE IMPROVED WITH SINGLE FAMILY RESIDENCES. ZONING MAP, SHOWING THE CURRENT ZONING OF RS6 FOR THESE PROPERTIES. PERMITTED USES, IN GENERAL RETAIL. UNDERSTANDING THE PROPOSED USE FOR THIS IS A BRAHMS RESTAURANT AND ICE CREAM RESTAURANT.

[01:00:10]

PHOTOS OF THE SUBJECT PROPERTY, IMMEDIATE AREA. NOTIFICATION MAP. AGAIN, THIS REQUEST IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN, CONSISTENT WITH THE FUTURE LAND USE AND DEVELOPMENT PLAN MAP. STAFF IS RECOMMENDING APPROVAL.

PLANNING COMMISSION IS RECOMMENDING APPROVAL AND WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS.

>> ANY QUESTIONS FOR COUNCIL ON THIS ITEM? THANK YOU, MARK.

>> YES. >> AT THIS TIME I'LL OPEN THE PUBLIC HEARING. IF THERE'S ANYONE THAT WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM, COME FORWARD AND GIVE YOUR NAME FOR

THE RECORD. >> I COME BACK STRONG. DAVID TIDE, REPRESENTING HARDEN SIMMONS. THIS IS FOR ONE OF THE BROHM'S LOCATIONS, CONSISTENT WITH WHAT IS HAPPENING ON AM LETTER, ESPECIALLY THE WATER MAIN ACROSS THE STREET. I'LL BE

HAPPY TO ANSWER ANY QUESTIONS. >> YOU CAN ALWAYS BRING US ICE

CREAM. >> SAY WHAT?

>> ANY TIME YOU WANT TO COME UP, IF YOU WANT TO BRING US ICE

CREAM. >> WE'LL HAVE AN OPPORTUNITY.

>> THANKS. >> WOULD ANYONE ELSE LIKE TO SPEAK FOR OTHER AGAINST THIS ITEM? SEEING NO ONE, I'LL CLOSE THE PUBLIC HEARING. ANY OTHER QUESTIONS FROM COUNCIL?

>> I WOULD LIKE TO COMMENT ON HARDEN SIMMONS IS DOING SO MUCH GOOD WORK FOR THIS AREA OF TOWN AND EVERYTHING WE'VE APPROVED SO FAR, THEY HAVE MADE IT LOOK SO MUCH BETTER AND I'M REALLY BEHIND THEM AND THEIR GROWTH. THEY'RE DOING A GREAT JOB.

>> IS THAT A MOTION? >> SO MOVED.

>> WE HAVE A MOTION. DO WE HAVE A SECOND?

>> SECOND. I LOVE ICE CREAM.

>> WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION WE'RE READY TO VOTE.

>>> THE MOTION CARRIES, WE MOVE TO ITEM NO. 15. I'LL ASK MIKE

[15. Ordinance (Final Reading) TC-2021-03: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a request from Hardin-Simmons University to abandon an approximately 60-foot-width of public right-of-way available for Beech Street wedged between the westernmost boundary of Block C in Darby of North Park Subdivision and the easternmost boundary of Block B in Darby of North Park Subdivision. Extending approximately 150-feet north from northernmost right-of-way boundary for Ambler Avenue. Additionally the request is to abandon the 20-foot-wide alley north of lots 5 & 6 of Block C in Darby of North Park Subdivision extending approximately 98-feet from the easternmost right-of-way boundary of Beech Street in Abilene, Taylor County, Texas. (Mike Warrix)]

WARRIX, DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES TO PRESENT

THIS ITEM AS WELL. >> THANK YOU ONCE AGAIN. IN ORDER TO MAKE THE PREVIOUS REQUEST HAPPEN, THERE'S A RIGHT OF WAY ABANDONMENT THAT MUST OCCUR. WHAT YOU HAVE BEFORE YOU ON THIS ITEM IS THE PROPOSED ABANDONMENT OF A 60 RIGHT OF WAY FOR BEECH STREET AND 20-FOOT ALLEY. THIS IS THOROUGHFARE CLOSURE 2021-03, THE APPLICANT HARDEN SIMMONS UNIVERSITY, REPRESENTED BY DAVID TODD. A VERY LARGE NUMBER OF FOLKS IN FAVOR OF THIS REQUEST. ZERO IN OPPOSITION. PLANNING COMMISSION HEARD THE CASE AND RECOMMEND APPROVAL TO YOU. HERE'S A GENERAL LOCATION MAP SHOWING BEECH STREET. THAT'S ABOUT A -- IT'S A 60-FOOT RIGHT AWAY, SHOWN THERE CURRENTLY. IT'S ABOUT 15E UTILITIES IN THAT RIGHT OF WAY. IT'S OUR UNDERSTANDING THERE ARE WATER LINES AND SEWER LINES WITHIN THAT RIGHT OF WAY. YOU WILL ALSO SEE THE ALLEY THAT IS PROPOSED FOR ABANDONMENT AS WELL. THERE IS A SEWER LINE IN THAT ALLEY, AND THAT'S A 20-FOOT RIGHT OF WAY AND APPROXIMATELY 100 FEET IN LENGTH. SO THIS REQUEST WAS PRESENTED TO THE CITY'S DEVELOPMENT REVIEW COMMITTEE. THEY HAD NO PARTICULAR ISSUES. IT HAD THE USUALLY RESPONSES THAT YES, IF THIS IS APPROVED, IT NEEDS TO BE REPLATTED. YOU HAVE IN YOUR PACKETS THE DRAFT ORDINANCE FOR YOUR ACTION AND IT HAS I THINK A SERIES OF CONDITIONS THAT ARE ATTACHED TO THIS APPROVAL. SOME OF THOSE ARE ACTUALLY REQUIREMENTS BUT THEY'RE LISTED AS CONDITIONS. I WILL HAVE TO REPLAT, SHOULD THIS BE APPROVED TO ASSEMBLE THOSE PROPERTIES INTO ONE AND THEY HAVE TO PROVIDE SOME ACCESS TO VEHICLES TO GET IN THERE. WE HAVEN'T SEEN A DETAILED SITE PLAN BUT WE WILL AS PART OF THE SITE PLAN REVIEW PROCESS. BEECH STREET, AS WELL AS THE ALLEY. NOTIFICATION MAP. AGAIN, WE'RE RECOMMENDING AS A STAFF, APPROVAL. THIS WILL FACILITATE THE DEVELOPMENT OF THE PROPOSED USE THAT Y'ALL JUST APPROVED AS

[01:05:05]

PART OF THE ZONING. YOU DIDN'T APPROVE THE USE, YOU APPROVED THE ZONING IN THE PREVIOUS CASE LET ME BE CLEAR ABOUT THAT. BUT WE'RE RECOMMENDING APPROVAL WITH CONDITIONS. THOSE CONDITIONS BEING HIGHLIGHTED AND INCLUDED IN THE ADOPTING ORDINANCE IN YOUR PACKET. DO Y'ALL HAVE ANY QUESTIONS ON THAT?

>> DO YOU HAVE ANY QUESTIONS? >> MIKE, CAN YOU GO BACK TO THE -- ONE MORE BACK, ONE MORE BACK. THEN ONE MORE BACK.

RIGHT THERE. SO THE ALLEY IN BETWEEN, FOR EXAMPLE, 1602 AND 1601, THERE'S AN ALLEY THERE. WILL THAT PORTION OF BEECH STILL BE OPEN SO PEOPLE CAN -- DO YOU SEE WHAT I'M SAYING? WHEN PEOPLE PULL OUT INTO THE ALLEY, THEY CAN TAKE A RIGHT AND GET ON

TO BEECH AND FOR REFUSE? >> YES, THAT'S NOT PART OF THE

QUESTION. >> SO THEY'LL BE ABLE TO MAKE

THAT ACCESS. >> NO CHANGES TO THAT.

>> OKAY, THANK YOU. >> ANY OTHER QUESTIONS?

>> THANK YOU, MIKE. AT THIS TIME I'LL OPEN THE PUBLIC HEARING. IF THERE'S ANYONE WHO WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM, COME FORWARD AND GIVE YOUR NAME FOR THE

RECORD. >> DAVID TODD, 402 CEDAR. WE AGREE WITH THE CONDITIONS THAT WERE PLACED ON THIS CLOSURE BY STAFF AND WE'LL ENCUMBER THOSE IN THE PLATTING AND ENGINEERING DESIGN THAT WILL TAKE PLACE IN THE NEAR FUTURE. I WOULD BE GLAD TO ANSWER ANY OTHER QUESTIONS.

>> ANY QUESTIONS? >> THANK YOU, MR. TODD.

>> MAYOR, IF I MAY SAY ONE THING. ON MAY 4, AT ONE TIME, DAVID TODD WILL HAVE BEEN PRACTICING ENGINEERING FOR 42 YEARS, MANY OF THOSE HAVE BEEN IN THE CITY OF ABILENE.

PLATTING PROPERTIES, WORKING FOR CLIENTS EXPANDING ABILENE BUSINESS AND GROWTH OPPORTUNITY AS A CITY MANAGER I WANT TO THANK HIM FOR HIS SERVICE TO THE COMMUNITY OVER THE YEARS.

>> THANK YOU.

>> WOULD ANYONE ELSE LIKE TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. ANY FURTHER

QUESTIONS? >> MOVE TO APPROVE.

>> A MOTION TO APPROVE. >> SECOND.

>> A SECOND FROM COUNCIL WOMAN ALBUS.

>> SHE LOVES HER ICE CREAM. >> ANY FURTHER DISCUSSION? WE ARE READY TO VOTE.

MOTION CARRIES. >> MOTION CARRIES. AND WE WILL NOW MOVE TO THE PUBLIC COMMENT PERIOD. NO VOTES OR FORMAL

[PUBLIC COMMENTS]

ACTION ON SUBJECTS PRESENTED. THE PERIOD ALLOWS MEMBERS OF THE PUBLIC TO PRESENT IDEAS AND INFORMATION TO CITY OFFICIALS

AND STAFF. >> I HAVE TWO CARDS. DAVID

SWART. >> DAVID SWART.

>> ONCE AGAIN, COUNCIL, DAVID SWART. WELL, HERE WE ARE IN MARCH, AND I KNOW SOME PEOPLE MAY NOT REMEMBER, BUT SEVERAL YEARS AGO, YOU USED TO ALWAYS HAVE RAILROAD DAYS. AS MONDAY WILL BE 140TH BIRTHDAY OF OUR CITY, AND I REMEMBER EVEN BACK THOSE DAYS, THEY ALSO HAD A BIG ST. PATRICK'S DAY ON SIXTH THERE IN FRONT OF THE CONVENTION CENTER. THEY PUT A SHAMROCK ON THERE. PAINTED IT. OF COURSE NOW IT'S ALL AMERICAN CITY LOGO AND IT WAS REPLACED BUT I REMEMBER THAT. I WISH WE COULD GET BACK TO SOMETHING LIKE THAT, CELEBRATING OUR CITY SOME WAY LIKE THAT. THE RAILROAD DAYS AND SUCH LIKE THAT. MAYBE WITH THE ECONOMY, WE MAY TURN AROUND WITH THIS VIRUS SITUATION AND MAYBE WE CAN EXPAND DOWNTOWN LIKE WE'RE TRYING TO AND HOPEFULLY IT WILL COME TO PASS. I PULLED ITEM 7, WHICH WAS THE WINTER STORM INFORMATION ABOUT RENEWING THEM THE DISASTER DECLARATION. I MENTIONED AT THE LAST MEETING, THEY SAID WE'RE GOING TO MAKE A STATEWIDE SYSTEM WHERE WE CAN ALERT PEOPLE FOR THE NEXT STORM WHEN IT COMES IN AND YOU THROW UP YOUR HAND AND SAY YOU ALREADY HAVE THAT, YOU DIDN'T UTILIZE THAT. IT'S CALLED I PAUSE, INTEGRATED PUBLIC ALERT WARNING SYSTEM. I

[01:10:07]

KNOW OUR LOCAL GOVERNMENT, THEY TOUT CODE RED. THEY SAID DURING THE NEWS CONFERENCE, WE SENT OUT TWO CODE REDS DURING THE SITUATION. WELL, ON CODE RED, YOU'RE NEVER GOING TO GET 100% OF CITIZENS TO SIGN UP. IT'S JUST NOT GOING TO HAPPEN. I CAN GIVE YOU TWO EXAMPLES. ONE, LET'S SAY YOU'RE A VISITOR FOR TWO OR THREE WEEKS, YOU'LL NEVER GET THAT CODE RED IF SOMEBODY SG HAPPENS. ANOTHER IS, MYSELF, MONDAY, THE 15TH WHEN THE POWER WENT OUT, I SAID THAT'S IT, I'M GOING TO TRY TO FIND A RESTAURANT THAT HAS POWER. I DIDN'T KNOW ANYTHING. I GOT RIGHT UP TO THE ORDER WINDOW AND THE GUY CAME OUT, WE'RE CLOSING WE'RE RUNNING OUT OF WATER. ANYWAY, THE CODE RED, IT IS IPAWS COMPLIANT SO WHOEVER YOUR SOFTWARE GURU IS THEY SHOULD INVESTIGATE IT. IT'S BETTER TO HAVE MORE WAYS OF DISSEMINATION THAN TO HAVE FEW. IF YOU HAVE I PAUSE, THE PEOPLE WHO DON'T HAVE CODE RED WILL GET IT ON YOUR PHONE. IF YOU HAVE A PHONE TWO YEARS OR NEWER, IT HAS PUBLIC SAFETY ALERT ON WIRELESS EMERGENCY. THANK YOU VERY MUCH, THIS MORNING, COUNCIL, FOR LETTING ME PUT THAT TWO CENTS IN.

>> SAMUEL HATTEN. >> GOOD MORNING.

>> GOOD MORNING. >> STATE YOUR NAME FOR THE

RECORD. >> SO I -- I WANT TO TALK TODAY

ABOUT OUR. >> PLEASE STATE YOUR NAME FOR

THE RECORD. >> SAM HATTEN.

>> OKAY. >> I WANT TO TALK THIS MORNING ABOUT SOME DISTURBING TRENDS I'VE NOTICED IN THE DCOA. BACK TO 9-11, 2019. THIS INCLUDED $140 IN ALCOHOL AND $460 IN PREMIUM STEAKS. TO MY UNDERSTANDING PUBLIC MONEY CANNOT BE USED FOR ALCOHOL BUT WE HAVE AN INCIDENT OF THAT HAPPENING. THIS IS 2019 SO THIS IS WHEN BCLA WAS UNDER THE OVER SIGHT OF THE CITY. THE CITY HAS DONE A GREAT JOB PREVIOUSLY MAKING SURE THE MONEY ISN'T USED LIKE A PERSONAL CREDIT CARD.

THE NEXT THING I WANT TO DO IS GO TO WHAT I CALL THE 30 30TH ANNIVERSARY, $30,000 CART. THE DCOA AUTHORIZED A TON OF MONEY AND HERE'S SOME EXPENDITURES. WE HAD $9,000 ON FOOD. IT WAS ESSENTIALLY A PRIVATE PARTY WITH PUBLIC MONEY $11,000 ON GIFTS. WE HAD $2,000 ON DECOR. $400 OR PROJECTOR.

I'M PRETTY SURE YOU CAN BUY A PROJECTOR FOR $400. $1,750 ON A SLIDE SHOW. $580 OR PIE. I'M A BIG BOY BUT $580 ON PIE IS A LOT OF PIE. MY QUESTION, WHERE IS THE OVERSIGHT? WHY IS THIS THE FIRST TIME SOMEONE IS BRINGING THIS UP? THIS IS PUBLIC MONEY.

THE LAST THING I WANT TO TALK ABOUT, SAME MONTH, DECEMBER 2019, SOMEONE NAMED JULIE JOHNSON, A FRIEND OF THE EXECUTIVE DIRECTOR OF THE DCOA WAS HIRED IS A CONSULTANT AND PAID $20,000. THE NEXT MONTH, JANUARY TWENTY, SHE WAS HIRED AT THE CHIEF OPERATING OFFICER OF THE DCOA, A SALARY INCREASE OF THE PREVIOUS OF $34,000. WHEN HIRED, THE SALARY WENT FROM $102,000 TO $136,000. NOWHERE IN HER CONTRACT DOES IT STIPULATE MOVING EXPENSES. MY GOD, WE'VE GIVEN HER 34,000 MORE DOLLARS THAN HER PREDECESSOR BUT THE FOLLOWING EXPENSES WERE AUTHORIZED BY THE DCOA FOR HER. $500 TO HOOK UP INTERNET AT HER HOUSE. A THOUSAND DOLLARS HOUSING DEPOSIT, $500 IN PRORATED RENT FOR FEBRUARY. HERE'S WHERE IT GETS FUN.

$1,600 IN RENT FOR MARCH. $1,600 IN RENT FOR APRIL.

$1,600 IN RENT FOR MAY AND FOR JUNE. THEN $4,200 IN MOVING EXPENSES INCLUDING MILEAGE FOR HER TO MOVE FROM FORT WORTH.

$12,000.600 ON TOP OF $136,000 SALARY AND $20,000 FOR CONSULTANT FEES. I HAVE ONE QUESTION. GIVEN ALL OF THIS, GIVEN ALL OF THIS, DO YOU BELIEVE THAT THE DCOA HAS ENOUGH I DON'TI DON'T REMEMBER SITE? T WE'RE YEAR WE PUT MONEY FOR PEOPLE WHO NEED IT FOR DENTAL SERVICE AND LOW INCOME FOOD, YET

[01:15:03]

WE'RE SPENDING HUNDREDS OF THOUSANDS OF DOLLARS ON PEOPLE WHO DON'T NEED IT. SO GIVEN THAT, MY ONE QUESTION FOR YOU IS DO YOU BELIEVE THAT THE DCOA HAS ENOUGH OVERSIGHT? THANK YOU.

>> THANK YOU. >> THAT'S ALL THE CARDS.

>> THERE'S NO MORE CARDS. ANYONE ELSE LIKE TO SPEAK DURING

PUBLIC COMMENT PERIOD? >> SAMUEL GARCIA. I EMAILED ALL Y'ALL THIS INFORMATION SO YOU SHOULD HAVE IT IN FRONT OF YOU.

AS A ABILENE TAXPAYER I WOULD LIKE TO HAVE QUESTIONS ANSWERED BY SPENDING ON THE MOVING EXPENSES PAID TO MISTY MAYO, ACCORDING TO THE EMPLOYMENT AGREEMENT LAST UPDATED FEBRUARY 7 THIS YEAR, RELOCATION EXPENSES, EMPLOYER MR. PROVIDE EMPLOYEE WITH 3 MONTHS OF THE PAY, TEMPORARY HOUSING NOT TO EXCEED $2,500 PER MONTH IN RENT AND $3,000 IN ASSOCIATED ONE TIME MOVING EXPENSES TO ABILENE TO BRING THE C.E.O.'S FAMILY TO ABILENE. I HAVE EMAILED EACH OF YOU THE EXPENSES PAID 2019, THE YEAR THE C.E.O. WAS HIRED IN THE AMOUNT OF MOVING -- MOVING EXPENSES ARE $5,780.34 WHICH INCLUDE $4,277 TO A COMPANY CALLED ALL MY SON'S MOVING OUT OF SAN ANTONIO. THE EXPENSES FAR EXCEED THE $3,000 THE IN THE C.E.O.'S CONTRACT. THIS IS 2019, IN 2020, THE C.E.O. FIRST FINANCIAL CREDIT CARD SHOWED A EXPENDITURE OF $4,950 ON SEPTEMBER 29 AND OCTOBER 15. MY QUESTION, FOR MOVING EXPENSES TO THE SAME COMPANY THAT ALL MY SONS MOVING. SO WE'VE PAID THE C.E.O. $10,000.680 IN MOVING EXPENSES WHO HAS BEEN HERE SINCE JULY OF OR AUGUST OF 19. MY QUESTION IS, WHO AUTHORIZED THE ADDITIONAL MOVING EXPENSES THAT ARE NOT ONLY FAR EXCESS OF THE C.E.O.'S EMPLOYMENT AGREEMENT BUT ALSO A SECOND MOVE LATER? ONCE THE PERSON LIVES HERE, WHY ARE WE PAYING TO MOVE THEM AGAIN? I'M LOOKING AT THE CONTRACT AND IT'S A VIOLATION OF THE CONTRACT. I SEARCHED THE DCOA MINUTES, I CANNOT FIND APPROVAL. I LOOKED AT THE AGREEMENT AND I DID FIND THE C.E.O. DID RECEIVE A $15,000 RAISE ALREADY. 15 MONTHS AFTER WE HIRED HER, THEY GAVE HER A $15,000 RAISE. AFTER WE'RE CUTTING PEOPLE. THAT WAS EFFECTIVE NOVEMBER 30TH. REVIEWED THE RESOLUTION PASSED IN JANUARY THAT AUTHORIZES THE C.E.O. THE AUTHORITY TO CARRY OUT OF APPROVED DCOA BUDGET BUT THE C.E.O. ONLY HAS THE AUTHORITY TO ESTABLISH COMPENSATION FOR THE DCOA POSITIONS OTHER THAN THE C.E.O. POSITION. I WANT TO KNOW WHO'S AUTHORIZING THESE EXPENDITURES THAT GO TOTALLY AGAINST THE CONTRACT THAT SAYS $3,000. AROUND HERE, I ALWAYS HEAR ABOUT WE GOT BUSINESS PEOPLE ON THE COUNCIL, I DON'T KNOW OF ANY BUSINESS PEOPLE WHO ALLOW THIS TO HAPPEN. I'M PUTTING THIS BEFORE THE COUNCIL BECAUSE LATER ON, WHEN SOMETHING HAPPENS, AND WE FIND THAT WE'VE GOT PROBLEMS WITH THE DCOA, YOU CAN'T SAY WE DIDN'T KNOW. I'VE SHOWED -- AND OBVIOUSLY THERE'S MORE WASTE, HORRIBLE WASTE. $27,000 ON CELEBRATING THE 30 30TH ANNIVERSARY OF THE DCOA? COME ON NOW. THERE'S A LOT OF STUFF Y'ALL NEED TO LOOK AT AND SOMEBODY NEEDS TO HOLD SOMEBODY

ACCOUNTABLE. >> THANK YOU, MR. GARCIA.

>> WE'RE STILL IN THE PUBLIC COMMENT PERIOD. IS THERE ANYTHING ELSE WHO WOULD LIKE TO SPEAK ON ANY ITEM TO PRESENT INFORMATION TO THE STAFF? SEEING NONE, I WILL CLOSE THE PUBLIC COMMENT PERIOD. IT IS NOW 9:49 A.M. AND WE WILL RECESS

[EXECUTIVE SESSION]

INTO EXECUTIVE MEETING. MEETIN. >> SECTION 551, CONSULTATION WITH ATTORNEY.

>>> I'LL START OVER. IT'S 9:49 A.M. WE'RE RECESS IN EXECUTIVE SESSION PURSUANT TO THE OPEN MEETINGS ACT. PURSUANT TO THE OPEN MEETINGS ACT, SECTION 55 --

[01:20:17]

ALL RIGHT. SECTION 551.071, CONSULTATION WITH ATTORNEY, SECTION 551-POINT 072, DELIBERATION OF REAL PROPERTY, DELIBERATIONS ABOUT GIFTS AND DONATIONS, 5501, PERSONNEL MATTERS, DELIBERATIONS ABOUT SECURITY DEVICES AND DELIBERATIONS ABOUT BUSINESS PROSPECTS AND ECONOMIC

DEVELOPMENT. THANK YOU FOR >>> IT IS NOW 10:23 A.M. AND WE RECONVENED TO OPEN SESSION. NO VOTES OR ACTION WERE TAKEN AND

[17. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Appointing Members to Various Boards and Commissions per the City Charter (Shawna Atkinson)]

WE'LL MOVE TO ITEM NO. 17 PROVIDING FOR THE REAPPOINTMENT OF INDIVIDUALS TO VARIES BOARDS AS OUTLINED IN EXHIBIT 6 OF THE RESOLUTION, WHICH IS JOHN LOUDER TO BOARD OF AWE ADJUSTMENTS, KENNETH MARTIN AND

GUTIERREZ TO THE TAX -- >> AT THE TIME I'LL OPEN THE PUBLIC HEARING. IS THERE ANYTHING THAT WOULD LIKE TO SPEAK FOR OR AGAINST THIS ITEM? IF SO, COME FORWARD AND GIVE YOUR NAME FOR THE RECORD. SEEING NO ONE, I WILL CLOSE THE PUBLIC HEARING. IS THERE ANY COMMENT OR DISCUSSION FROM COUNCIL? NONE, I'LL TAKE A MOTION.

>> SO MOVED. >> WE HAVE A MOTION.

>> SECOND. >> AND A SECOND. TO APPROVE THE APPOINTMENTS PRESENTED. ANY FURTHER DISCUSSION, WE ARE READY TO VOTE.

MOTION CARRIES. >> THE MOTION CARRIES. WE'LL

[18. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Approving an Employee Appreciation Dinner (Robert Hanna)]

MOVE TO ITEM NO. 18 AND AS ROBERT HANNA TO PRESENT THIS

ITEM. >> THANK YOU, MAYOR AND COUNCIL WE HAVE A APPRECIATION DINNER WE WOULD LIKE TO HOST FOR THE EMPLOYEES INVOLVED IN THE WINTER EVENT AND THEIR RESPONSE IN GENERAL. PART OF THAT WILL BE A OPENING OF THE MADAGASCAR EVENT AT THE ZOO AND SO WE ORIGINALLY HAD SOME THINGS PLANNED FOR I THINK THIS WEEK, IN FACT OR NEXT WEEK. WE DIDN'T GET ENOUGH RESPONSES PARTLY BECAUSE WE TRIED TO COMPRESS THE TIMELINE TOO SOON SO THE INTENT IS FOR EMPLOYEES AND FAMILIES TO COME AND BE THANKED FOR THEIR WORK DURING THE WINTER EVENT. THE ZOO IS OPENING UP MADAGASCAR EVENT APRIL 9 SO WE WANTED TO DO THOSE JOINTLY. THE ZOO WILL INVITE CITY EMPLOYEE DAY FOR THAT EVENT AS WELL SO JUST PUT THE TWO TOGETHER. MY HOPE IS THAT Y'ALL WILL JOIN ME IN -- AND MICHAEL RICE AND MINDY PATTERSON AND THE REST OF THE DIRECTORS IN SERVING OUR EMPLOYEES IN THE FOOD LINE AND TO SAY THANK YOU FOR YOUR HARD WORK AND EFFORTS. ANY QUESTIONS ON THIS AT ALL?

>> ANY QUESTIONS? >> THAT WAS GOING TO BE MY QUESTION, IF YOU NEEDED US TO SERVE. I'M YOUR MAN.

>> ABSOLUTELY. >> WHAT'S THE DATE?

>> I BELIEVE IT'S -- >> IT'S THE 9TH.

>> APRIL 9TH. >> SO ARE YOU HAVING THIS

CATERED? >> YES, WE'RE HAVING IT CATERED WE HAVE GOTTEN SOME BIDS TOGETHER AND WE'RE IDENTIFYING CONTRACTORS BUT WE'RE USING PERU CURE.

PROCESS. >> IS THE MAYOR COOKING?

>> NO, HE'S NOT. YOU'LL STILL BE ABLE TO EAT IT.

>> AND YOU SAID THE EMPLOYEES THAT HELPED OUT -- HOW ARE YOU GOING TO QUALIFY THAT? IS IT JUST BROAD BASED?

>> AAN ALL-HANDS-ON-DECK. EVERY EMPLOYEE.

>> APRIL 9TH IS FRIDAY. THIS IS GOING TO BE ON FRIDAY?